Hassan v Githaiga & 2 others (2008) 3 KLR (EP) 266 [2006] KECA 352 (KLR)
- Court
- Court of Appeal
- Case number
- 352
- Citation
- [2006] KECA 352 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from judgment and decree of the High Court of Kenya at MombasaCoramTunoi, Githinji & Waki JJ A
Holding
The appeal was dismissed as incompetent due to the omission of a primary document from the Record of Appeal.
Facts
A primary document was omitted from the Record of Appeal in an election petition.
Issues
- whether there was a primary document omitted from the Record of Appeal
- whether its omission could render the appeal incompetent
Reasoning
The court held that the primary document was indeed omitted and that its omission rendered the appeal incompetent, as the law on the omission of primary documents from the Record of Appeal is now well settled.
Outcome
The appeal was dismissed with costs to the respondents.
Orders
- The application for adjournment of the appeal was dismissed.
Authorities cited
Cases cited (2)
- [1982]KLR 185
- Court of Appeal Rules (cap 9 Sub Leg) rules 85(1)(f); 101(b)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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